Getting Unemployment After Being Fired for Suspicion of Drinking on the Job

[pq2111]

My question involves unemployment benefits for the state of: New Jersey

On 3/9/12 I was alleged of being intoxicated on the job by my direct supervisor. I was told to punch out and leave, there was no alcohol test performed and the incident was not reported to HR for three days after I was let go. On Monday 3/12/12 I reported to work and was told that i was being written up and fired. I refused to sign the write up which stated that i had admitted to have had a few drinks on my lunch break which was a complete lie, I was very upset about this but regardless i remained courteous packed up my stuff and walked out.

I then applied for New Jersey UI benefits and a few days later received a letter stating that i was fired for misconduct and would have to participate in a phone interview, I told the examiner what had happened, he told me that he would be in contact with my employer and that a determination would be made with in 1-2 weeks. This was last Thursday 3/29/12.

My question is what will the examiner use to make his determination? At this point this has become a matter of my word vs my supervisors. There is no history of any misconduct in my employee file. There is zero physical proof of my consumption of alcohol on the job.

I told the examiner the truth, I had never drank on the job but in fact many of the senior managers did drink on the job and had me run out and purchase whiskey for them on a regular basis.

If anyone has any details of the process that the examiner will take please share them with me. I am experiencing a ton of stress and anxiety any insight on this would help.

Thanks!

[davidmcbeth3]

The examiner will look at the facts plead and make a ruling; if you lose you still have an appeal process.

[LawResearcherMissy]

All you can do at this point is wait it out. The examiner may or may not ask your former employer for proof of their claim. The examiner will weigh the facts given by both sides, and make a determination from there.

[davidmcbeth3]

I would make a point that your boss is not capable of making such a determination -- he's not trained to do this.